We did it! Coal Ban Becomes Law

Hawaiʻi just made history! Yesterday, SB2629 became law, solidifying the end of coal burning in Hawaiʻi before 2023. This is a huge step forward in our journey to 100% clean renewable energy, as the AES coal-fired plant in Kapolei, Oʻahu is the last coal plant in the islands. This also means that after 2022, the toxic coal ash resulting from the AES coal plant will no longer be transported to the PVT landfill in Nānākuli where it is used to blanket the day’s trash—harming the workers’ and surrounding communities’ health and air quality.

“Ending coal in Hawaii is a big win for our communities and environment,” said Jodi Malinoski, Sierra Club Hawaii Chapter Policy Advocate. “Coal burning, and the resulting toxic ash, has harmed the islands for far too long. We are eager to make coal a thing of the past and are grateful for the community members, volunteers and lawmakers that helped make this milestone a reality.”

We want to thank our CapitolWatch supporters for their support on these bills. The Sierra Club of Hawaiʻi has worked towards this moment for several years and we are excited to see it finally happen. We also extend a huge thank you to Rep. Nicole Lowen for championing this bill—take a moment to thank her, via email, for her support and hard work!

But this news isn’t just big for Hawaiʻi—closing the AES coal plant in West Oʻahu also marks 60% of the coal plants across the United States being retired. This milestone doubles the Sierra Club’s original goal, set in 2011, which pledged to retire 30 percent of the nation’s coal fleet by 2020 and accelerate the United States’ transition to a clean energy economy.

In anticipation of the coal plant closure in 2022, Hawaiian Electric Industries announced 8 projects selected for renewable energy projects on Oʻahu. These projects are solar-plus-storage, ensuring energy capture for electricity generation around the clock. Clean energy projects, done right, are better for the environment and lower electricity rates for our communities.

Quick 2020 Session Recap

We started the 2020 legislative session in January with high hopes for passing a variety of top priority bills to address the climate crisis and make Hawai‘i more equitable and sustainable. However, due to COVID-19, the legislature suspended session in mid-March, reconvening shortly in May and June with modified legislative processes. Thankfully, and gratefully, we were still able to pass a few good bills during this unusual and unprecedented 2020 legislative session.

Sierra Club’s top priority environmental bills that passed:

1. SB 2629- Bans coal in Hawai‘i by 2023, aligning with the planned retirement of the last coal plant in the state. Ensures Hawai‘i’s progress to a 100% clean energy future and mitigates the public health impacts from the disposal of toxic coal ash in the Nānākuli community.

   • After similar bills stalled in the Senate the past two sessions, Rep. Nicole Lowen inserted language to ban coal into a different bill and passed this bill out of her Committee. Rep. Luke also heard and passed this bill with good amendments. In the final floor votes, 5 members of the House opposed this bill and it was unanimously supported in the Senate.

2. SB 2060- Updates our coastal zone management law to protect beaches and coastal ecosystems against the impacts of sea level rise and coastal erosion. Prevents seawalls and other shoreline hardening structures in beach areas, unless a variance is granted, and establishes a 40 foot shoreline setback from coastal development.

   • This was a top bill to address sea level rise, prevent beach loss, and protect public access. Similar bills were introduced and failed last session, but this year the bill was heard and passed. In the final floor votes, 1 member of the House opposed this bill and it was unanimously supported in the Senate.

Bad bills that were successfully stopped:

When the legislature reconvened in May and June, a handful of bills that the Sierra Club opposed were still alive and could be considered and passed. Fortunately, the following bills were either not heard, deferred, or amended to remove problematic language:

1. SB 2828- Amends the State Water Code to allow the potential water banking of public streams for fire safety purposes.

   • Bills were introduced in both the House and Senate that would allow for public trust streams to be diverted and placed in large reservoirs for future fire-fighting purposes. This was particularly concerning for Maui streams, which have a history of being diverted for corporate interests at the expense of stream ecosystems and downstream communities. This bill failed to get a hearing in the House Finance Committee, chaired by Rep. Luke.

2. HB 2035- Transfers the management of 90,000 acres of watershed “pasturelands” from the Dept. of Land and Natural Resources to the Dept. of Agriculture.

   • Instead of a wholesale transfer of these lands, Senate Chairs Kahele, Gabbard, and Dela Cruz amended this bill into a pilot project that reduced the amount of pasturelands transferred and placed other requirements on the use and management of these lands. The bill passed the House with several members voting no and passed the Senate with 1 member voting no. Ultimately, the bill died because the House disagreed with the Senate changes and no compromise was reached.

3. SB 3103- Establishes a Schools Facility Agency that would have been exempt from environmental protection, historic preservation, and public transparency laws.

   • This was one of four bills that was presented as a joint legislative package at the beginning of session. This bill aimed to expedite the construction of schools in the state, but did so by setting up a new agency that was exempt from several important state laws such as Environmental Impact Statements and Historic Preservation. Rep. Woodson and Rep. Luke in the House removed all the problematic exemptions and we no longer opposed the bill, which passed amended in the House and Senate.

4. SB 3104- Weakens the authority of the Land Use Commission in rezoning agricultural lands for the purpose of housing development.

   • This was one of four bills that was presented as a joint legislative package at the beginning of session. This was a comprehensive bill aimed to expedite the construction of “affordable” housing. We primarily opposed the section of the bill that would have weakened the state Land Use Commission’s oversight to approve the rezoning of lands for agricultural purposes for housing development. Upon reconvening session, this bill failed to be heard by Rep. Brower and Rep. Luke.

Other environmental bills that passed:

1. SB 2386- Establishes a 1/2 mile bufferzone around landfills to mitigate public health impacts. Prevents waste facilities from being located in land designated for conservation purposes.

2. HB 1846- Requires existing state buildings to implement energy efficiency measures. Requires new state facilities to maximize energy and water efficiency and building materials that reduce the carbon impact of the project.

3. SB 2820- Amends the renewable energy technologies income tax credit for utility-scale solar projects (does not eliminate the individual solar tax credit, which we strongly opposed in a separate bill). 

4. GM 583- The nomination of Christopher Yuen to serve on the Board of Land and Natural Resources until July 2022. The Sierra Club respectfully opposed this nomination due to Mr. Yuen’s 14 years of service, frequent favoring of business interests over the value of Hawaiʻi's natural resources, and practice of ignoring community concerns. The Senate approved this nomination with 16 yes votes and 9 no votes.

Mahalo to everyone who submitted testimony, contacted their legislators, shared our action alerts, and engaged in CapitolWatch during the 2020 legislative session. The legislature has officially adjourned for this year. The bills that passed now go to the Governor’s desk to become new laws in Hawai‘i.

Updated Priorities for June Reconvening

The Hawai‘i State Legislature will reconvene again from June 22 through July 10th to appropriate the remaining COVID-19 relief funding, make tweaks to the state budget, and potentially pass a handful of other non-fiscal bills.

Due to COVID-19 safety concerns, it is likely that the State Capitol will remain closed to the public, legislative hearings will be broadcasted online, and only written testimony will be allowed. There will also be no conference committee, which is normally one of the last steps of the legislative process where House and Senate Committee Chairs meet to discuss and approve the final drafts of bills. This means legislators are already figuring out budget issues and discussing which other bills to hear and pass. Below is a list of the Sierra Club’s updated bill priorities for when the legislature reconvenes next week.

Environmental bills we OPPOSE:

1. GM583 - Oppose the nomination of Christopher Yuen to the Board of Land and Natural Resources. Chris Yuen has already served for 14 years and has voted against environmental and cultural protections on numerous issues before the BLNR. 

2. SB3036 -  Oppose eliminating Hawai‘i’s solar tax credit, which not only makes installing solar systems on homes and local business affordable, but also lowers everyone's electricity bills, supports thousands local solar jobs in our communities, and provides tax revenue to the state. Learn more and take action HERE.

3. SB2812 and HB2035 - Oppose transferring 93,000 acres of watershed “pasture” lands on Hawai‘i Island from the Dept. of Land and Natural Resources to the Dept. of Agriculture. The Dept. of Ag lacks the mission to protect these lands of significant natural and cultural resources and could also exempt agricultural development of these lands from environmental and land use laws. Learn more and take action HERE.

4. SB2828 - Oppose amending the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources. This bill is particularly relevant for Maui streams.

Environmental bills we SUPPORT:

Several of our environmental priority bills could still be passed this session. These bills have received little or no testimony in opposition, would not require state funding, and would help to address climate change impacts and boost our resiliency:

1. HB1878 - Support requiring sea level rise disclosure for real estate transactions, ensuring disclosure of the risks of purchasing properties in sea level rise exposure areas.

2. SB2060 - Support updating Hawai‘i’s coastal zone management law to prevent seawalls and protect beaches and coastal ecosystems.

3. SB2629 Proposed HD1 - Support aligning the expected closure of Hawai‘i’s last coal-fired power plant with a ban on coal in Hawai‘i beginning 2023. 

4. HB2699 - Support establishing state goals for 100% clean ground transportation by 2045.

We SUPPORT COVID-19 Relief for Working Families: 

In April, the state received $1.25 billion in CARES Act funding for COVID-19 relief and recovery. While some of these funds were appropriated to the counties to provide direct relief to struggling residents, $635 million in CARES funding was put into the state's "Rainy Day Fund" and still needs to be appropriated when the legislators reconvene in June.

The Sierra Club supports the Working Families Coalition’s proposal to allocate CARES Act funds to priorities like housing and food assistance, health care, social services, and child care. Hawai‘i already had the highest cost of living in the U.S. before COVID-19 hit. With nearly 140,000 people in Hawai‘i unemployed since April and a slow economic recovery ahead, many families are facing unprecedented financial hardship and need additional relief. Learn more and take action HERE.

The Sierra Club supports workers and vulnerable communities during this time of crisis. We will fight for a just recovery that helps working families and avoids exacerbating inequity and the ongoing global climate crisis. 

First Crossover Bill List

The Sierra Club of Hawai‘i is monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change adaptation, replacing dirty energy with clean renewable sources, and protecting soil, freshwater resources, and lands. We have testified on 47 bills since the legislative session started. March 5th marks first crossover deadline where bills still alive “crossover” to the opposite chamber, meaning House bills move to the Senate and Senate bills move to the House. Below is an update on our priority bills.

Bills that have survived crossover:

Sea Level Rise:

• HB1878, SB2670, SB2671 (Support) - Requires mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas to ensure transparency of the risks of sea level rise.

• HB549, SB393, SB2060 (Support) - Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and help prevent seawalls.

Energy:

• HB1864 (Support) - Fixes the calculation of Hawai‘i’s Renewable Portfolio Standards to more accurately reflect progress towards Hawai‘i’s clean energy goals.

• HB1934 (Support) - Develops a plan to increase jobs aligned with the State’s transition to a clean energy economy.

• HB2657 (Support) - Ensure that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023.” 

• HB2699 (Support) - Establishes 100% clean ground transportation goals by 2045.

• SB1289 (Support) - Requires solar panels to be installed on new home development projects.

Water:

• SB2828 (Oppose) - Amends the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources.

Soils:

• HB2167, SB2704 (Support) - Establishes a cover crop reimbursement pilot program in the Dept. of Agriculture to offset farmer costs of purchasing and planting cover crops, which improves soil health and decreases erosion and runoff

• SB2531 (Support) - Increases funding to the Dept. of Land and Natural Resources’ State Tree Nursery to promote tree stocks that provide agricultural and soil health benefits.

Lands and Development:

• HB2542, SB2620, SB3104 (Comments) - Weakens the authority of Land Use Commission in rezoning agricultural lands for “affordable” housing development.

• HB2035, SB2812 (Oppose) - Requires the Dept. of Land and Natural Resources to transfer 93,000 acres of watershed forest “pasture lands” to the Dept. of Agriculture.

• SB3103 (Oppose) - Establishes a School Facilities Agency and whose projects are exempt from many county and state laws including Chapter 343 environmental protection and Chapter 6e historic preservation.

Bills that have not made crossover deadline and are dead for this year:

Bills we supported:

• HB2160- Creates a special fund for the Dept. of Land and Natural Resources’ State Tree Nursery to promote tree stocks that provide agricultural and soil health benefits.

  • Explanation: Bill was not heard by Rep. Luke in FIN

• HB2154- Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems.

  • Explanation: Bill was deferred by Rep. Lowen in EEP and Rep. Yamane in WLH

• HB2194- Updating Hawai‘i’s Coastal Zone Management Act to protect beaches and help prevent seawalls.

  • Explanation: Bill was deferred by Rep. Lowen in EEP and Rep. Yamane in WLH

• SB2366- Ensures that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023”

  • Explanation: Bill was not heard by Sen. Wakai in EET

• SB2774- Protecting O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks.

  • Explanation: Bill was not heard by Sen. Baker in CPH

Bills we opposed:

• HB2677- Extending the issuance of revocable permits to divert stream water and allowing for direct negotiation of water leases.

  • Explanation: Bill was not heard by Rep. Luke in FIN

• HB2646- Amends the State Water Code to specify that fire safety is a beneficial use of water, potentially enabling the “waterbanking” of public trust resources.

  • Explanation: Bill was not heard by Rep. Luke in FIN

• HB1821 and SB2810 - Severely restrict the public’s access to declaratory court decisions.

  • Explanation: Bill was deferred by Rep. Lee in JDC and Sen. Rhoads in JUD.

Support SB2774 SD1: Red Hill Relocation Bill

UPDATE- BILL WAS DELETED FROM THURSDAY’S AGENDA. PLEASE STANDBY.

SUPPORT SB2774 SD1, which shuts down the Red Hill facility and relocates the fuel away from Oʻahu’s drinking water.

This Red Hill bill is scheduled for decision-making on Thursday, February 20 at 10:00am in the Senate Committee on Commerce, Consumer Protection, and Health and we urge you to submit testimony in support of a clean water future. Only written testimony will be accepted for this hearing.

The Navy’s massive, 75+ year old tanks currently store 225 million gallons of fuel, 100 feet directly above Oʻahu’s primary drinking water resource. The tanks, built for WWII, should have never been built here and are the largest risk to Oʻahu’s water security future. The tanks have been leaking since construction and most recently leaked 27,000 gallons of fuel into the surrounding environment in 2014. Since this leak, the Navy, EPA, and DOH have been “working” on a 20-year plan to fix the tanks to “better guard” Oʻahu’s water. After six years into the agency agreement, the Navy wants even more time to figure out their solid protection plan. Oʻahu should not have to wait 25 years to know that their water is safe.

There is no tank upgrade that can guarantee that the Red Hill tanks will never leak again. The only sure-fire option for water protection is relocation away from water resources. A recent Navy study revealed that the tanks, as they are now, have a 27.6% chance of leaking 30,000 gallons of fuel every year. Knowing this risk, it is unacceptable that the agencies are allowing the tanks to remain in operation.

SB2774 SD1 prohibits underground storage tanks larger than 100,000 gallons to be operated above the underground injection control line —a boundary set by the Health Department that determines where our groundwater aquifer ends and drinking water aquifer begins. This would mean that the Red Hill tanks would be relocated away from O‘ahu’s drinking water and ideally be rebuilt above ground.

Submit your testimony in support of SB2774 SD1 by the afternoon of Wednesday, February 19. Click here to submit your testimony, sample testimony provided below.

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Sample testimony:

Aloha Chair Baker, Vice Chair Chang, and members of the committee, 

I am writing today in strong support of SB2774 SD1, prohibiting the operation of underground storage systems with a capacity of 100,000 gallons or more, mauka of the underground injection control line, after 1/1/2028.

As a water drinker, I am incredibly concerned that the underground storage tanks at the U.S. Navy’s Red Hill storage facility remain in operation directly above a major water source. The Red Hill tanks are over 75 years old and have a long history of leaking fuel into the surrounding environment. This facility alone has leaked over 200,000 gallons since construction, most recently releasing 27,000 gallons of fuel in 2014—none of which was ever located or cleaned up. More upsetting is that the Navy’s own recent study shows that the tanks at Red Hill have a 27.6% chance of leaking 30,000 gallons of fuel every year and that they expect chronic fuel leaks of 5,800 gallons every year. I cannot stand idly by while there is such a massive threat to Oʻahu’s drinking water security and I invite you to join me by passing this much needed bill.

There is no tank upgrade option that provides as much security as the relocation of the Navy’s fuel away from drinking water resources. 

Thank you for the opportunity to testify on this important matter.

Sincerely,
[your name]

Top Bill hearings: 2/18 - 2/21

Aloha everyone! We are thrilled that so many of our high priorities have hearings this upcoming week, well before the crossover deadline of March 5th. Many of these hearings, however, are only accepting written testimony…which is why it is so important for you to login in to your capitol.hawaii.gov account and submit written testimony, preferably 24 hours in advance.

Updated action alert/post:

Additional bills have just been scheduled on Friday, Feb. 21 @12pm in the House Finance Committee. Bill number and sample testimony below:

HB2657 Relating to a Coal-Free Hawaii (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I strongly support HB2657 to end the use of coal in Hawai‘i by 2023. Although the last coal fired power plant has a contract that is set to expire in 2022, AES Hawai‘i is currently requesting to be able to increase their coal emissions, which makes this bill timely and necessary. Coal is extremely dirty and impacts public health and air quality. Passing this bill makes meaningful progress towards our clean energy goals and helps to address environmental justice issues, as the burning of coal and dumping of toxic coal ash unfairly burdens O‘ahu’s westside communities. Please support HB2657 and help to end the use of coal in our state.

HB2699 Clean Ground Transportation by 2045 (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. Hawai‘i has set ambitious goals to reach 100% renewable energy by 2045, but ground transportation accounts for approximately 1/3 of Hawaii's fossil fuel consumption and additional progress needs to be made in the transportation sector. Setting a complimentary goal of 100% renewable ground transportation is important to reduce and eventually eliminate carbon-based ground transportation in favor of renewable energy alternatives. I support the bill’s approach to gradually transition state fleets by 2035 and then all vehicles to renewable energy-based transportation by 2045. Thank you to the many bill co-sponsors for setting another example on how Hawai‘i has the vision to combat climate change and I ask for your support of HB2699.

HB1878 Sea Level Rise Seller Disclosure (SUPPORT):

• Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I strongly support HB1878. Seller disclosure is already required for homes in flooding and tsunami zones and this bill ensures disclosure of the risks of purchasing a home in areas vulnerable to sea level rise. Disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss from sea level rise and the 6,500 structures such as hotels, malls, and businesses that will be impacted. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Thank you for your support of HB1878.

HB2035 Transfers 93,000 acres of watershed lands to Dept, of Ag (OPPOSE). Sample testimony:

1. Aloha Chair Luke, Vice Chair Cullen, and members of the Finance Committee. I oppose HB2035, which would transfer 93,000 acres of pasture lands from the Department of Land and Natural Resources to the Department of Agriculture. These lands are critical watershed forests that protect native plant and animal habitat. Hawai‘i also has a goal of being carbon neutral by 2045 and these lands have the best potential for large-scale reforestation and tree planting efforts. These lands are not meant for agricultural uses and should remain under the care of DLNR. I oppose this bill and ask you to please defer it in committee.

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First action alert/post:

Wednesday 2/19 @ 4 PM:

• HB1934 Clean and Renewable Energy Jobs (SUPPORT). Sample testimony:

  Aloha Chair Luke and members of the FIN committee. I support HB1934, which would develop a plan to increase jobs in clean and renewable energy. As Hawai‘i advances to 100% clean energy by 2045, it is important we transition the 15,000+ current jobs in the fossil fuel industry to good paying careers in renewable energy. I support HB1934 to help boost our economy, protect public health, and mitigate climate change impacts.

Thursday 2/20 @ 10 AM:

• SB2774 Red Hill Relocation Bill (SUPPORT). Sample Testimony:

  Aloha Chair Baker and members of the CPH committee. I strongly support SB2774 to require the Navy relocate its fuel at Red Hill away from drinking water resources. These tanks are almost 80 years old, have a history of leaks, are corroding, and are located only 100 feet above O‘ahu’s water. The Navy’s own recent study shows that the tanks at Red Hill have a 27.6% chance of leaking 30,000 gallons of fuel every year and that they expect chronic fuel leaks of 5,800 gallons every year. Meanwhile, the Navy is proposing to extend the deadline to upgrade the tanks to 2045, which is too long and would continue to risk the health and safety of O‘ahu’s drinking water. 2028 is a reasonable deadline for the Navy to relocate its fuel. Please support this bill.

Thursday 2/20 @ 10:35 AM:

• SB2060 Coastal Zone Management and Protecting Beaches (SUPPORT). Sample testimony:

  Aloha Chair Dela Cruz and members of the WAM committee. I strongly support SB2060, which amends our coastal zone management laws to protect against impacts from sea level rise and coastal erosion. This bill also provides important guidance to the counties to help to prevent seawalls and other shoreline hardening structures, which destroys beaches, cultural resources, and coastal ecosystems. Thank you Chair Dela Cruz for introducing this bill and we ask the committee support and pass SB2060.

• SB2812 Transfers 93,000 acres of watershed lands to Dept, of Ag (OPPOSE). Sample testimony:

  Aloha Chair Dela Cruz and members of the WAM committee. I oppose SB2812, which would transfer 93,000 acres of pasture lands from the Department of Land and Natural Resources to the Department of Agriculture. These lands are critical watershed forests that protect native plant and animal habitat. Hawai‘i also has a goal of being carbon neutral by 2045 and these lands have the best potential for large-scale reforestation and tree planting efforts. These lands are not meant for agricultural uses and should remain under the care of DLNR. I oppose this bill and ask you to please defer it in committee.

Friday 2/21 @ 10:30 AM:

• SB2670 Sea Level Rise Buyer Disclosure (SUPPORT). Sample testimony:

  Aloha Chair Rhoads, Chair Baker, and members of the JDC and CPH Committees. I support SB2670. Sea level rise disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss due to sea level rise and ensures that buyers understand the risks of purchasing a home in vulnerable areas. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Please support SB2670 and SB2671.

• SB2671 Sea Level Rise Seller Disclosure (SUPPORT). Sample testimony:

  Aloha Chair Rhoads, Chair Baker, and members of the JDC and CPH Committees. I support SB2671. Seller disclosure is already required for homes in flooding and tsunami zones and ensures that sellers disclose the risks of purchasing a home in areas vulnerable to sea level rise. Disclosure is a common sense solution to help address the $19 billion that Hawai‘i faces in estimated private property loss from sea level rise and the 6,500 structures such as hotels, malls, and businesses that will be impacted. This bill is also an important first step towards managed retreat, which is a long-term solution to strategically move away from the coastline to adapt to sea level rise and other coastal impacts. Please support SB2670 and SB2671.

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Help us advance good environmental policies and stop bad bills by logging in to your capitol.hawaii.gov account and submitting written testimony on these top priority bills. Mahalo!

First Lateral bill updates

The Sierra Club of Hawai‘i is monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting soil, freshwater resources, and lands. We just passed the first lateral deadline, here’s a breakdown of what on our priority list is still moving:

Sea Level Rise:

1. Requires mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas (Support): HB1878, SB2670, SB2671

2. Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning (Support): SB2060.

Water:

1. Protecting O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks (Support): SB2774

2. Extending the issuance of revocable permits to divert stream water and allowing for direct negotiation of water leases (Oppose): HB2677

Energy and Transportation:

1. Ensure that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023” (Support): HB2657.

2. Establishing 100% clean transportation goals by 2045 (Support): HB2699.

Healthy Soils (O‘ahu Group priority):

1. Cover crop reimbursement pilot program (Support): HB2167, SB2704.

2. DOFAW tree stock bills (Support): HB2160, SB2531.

Land Use:

1. Weakens the authority of Land Use Commission in rezoning agricultural lands for “affordable” housing development (Oppose): SB2620, SB3104, HB2542.

Star-Advertiser poll: 73% agree with SB2774 to relocate Red Hill fuel by 2028

Yesterday, the Star-Advertiser’s Big Q Poll had a question on SB2774- a bill we STRONGLY SUPPORT that would shut down the Red Hill fuel tanks and require the relocation of the Navy’s fuel away from drinking water resources by 2028.

454 of 621 responses, or 73% of those polled, either agreed or strongly agreed with this bill:

Although this is not a scientific poll (view the results here), it reinforces the widespread support for relocating the Navy’s fuel. This support was also evident during the November 2019 public meeting in Moanalua, in which hundreds of residents filled the Moanalua Middle School cafeteria and around 50 people public testified in opposition to the Navy’s current plan for Red Hill.

SB2774 has already received over 100 pages in testimony in its first hearing and now heads to the Senate CPH committee. Notably, our State Department of Health supports the bill, agreeing that in the long term, the Navy’s fuel should not remain in WWII era tanks that sit 100 feet above O‘ahu’s primary drinking water aquifer.

Star-Advertiser: Moving fuel tanks the best option

Link to original article here: https://www.staradvertiser.com/2020/02/13/editorial/our-view/editorial-moving-fuel-tanks-the-best-option/

EDITORIAL | OUR VIEW

In January 2014, the Navy reported a 27,000-gallon leak at Tank 5 in its underground Red Hill Bulk Fuel Storage that it later said was the result of poorly performed work by a contractor and the military’s own insufficient oversight.

The leak at the massive and aging facility, which can store up to 250 million gallons of petroleum for ships and jets, rightly continues to alarm the Honolulu Board of Water Supply (BWS), environmentalists and others as 18 operational tanks sit just 100 above Oahu’s sole source of potable water aquifer.

In the incident’s aftermath, the Navy entered into a legal agreement with the U.S. Environmental Protection Agency and the state Department of Health, sorting through several options for structural improve­- ments and upgrades at the World War II-era facility.

But with the EPA and DOH not yet signing off on a Navy proposal, state lawmakers are now weighing Senate Bill 2774, which aims to altogether scrap underground fixes at the site. The measure should be supported as it serves as the best option to date for protecting Oahu’s groundwater from contamination.

SB 2774 would ban, effective Jan. 1, 2028, operation of an “underground storage system with a capacity of 100,000 gallons or more,” in areas specified by the state, including Red Hill.

In testimony responding to the bill, Navy Region Hawaii asserted that ongoing testing, conducted by the Navy and BWS, shows that water drawn from the aquifer is meeting government-set safety standards, and stressed the importance of the gravity-fed funneling of fuel to Joint Base Pearl Harbor-Hickam.

Written testimony included an excerpt from a letter issued by U.S. Indo-Pacific Command’s Major General Susan A. Davidson, who described Red Hill as a “strategic reserve” that holds a “significant percentage of petroleum war reserves required to defend national security interests in the Indo-Pacific region.” She added that there’s “no comparable U.S.-owned facility.”

While there’s no disputing the need for military fuel storage, unlimited use of Red Hill’s current site should not be an option. Studies document more than 30 leaks dating back to late 1940s, with the one reported in 2014 ranking as the largest.

The facility’s tanks — each big enough to encapsulate Aloha Tower — are buried above groundwater that’s tapped for drinking water, flowing to faucets from Moanalua to Hawaii Kai. The tanks are structurally sound today, but a large-scale leak of any sort could be ruinous. Cleanup could take decades or be deemed cost-prohibitive. Then what?

In November, Navy officials proposed a fix that ranked among the most protective and expensive of on-site options: installation of another layer of tank protection — a carbon steel secondary containment system. However, due to the size and unique structure of the tanks, the technology needed for such an upgrade is not readily available today.

While awaiting a tech catch-up, the Navy wants the EPA and the DOH to sign off on what’s likely the least-protective on-site option under consideration: sticking with the facility’s single-walled steel tank liners while adopting an improved program for cleaning, inspecting and repairing active tanks.

Should technology fail to emerge, the Navy would then remove all fuel from storage around the year 2045 — when the tanks would be about 100 years old. With the threat of tainted water looming larger as the facility ages, that’s too long to wait.

Testifying this week in support of SB 2774’s protection, Ernest Lau, BWS manager and chief engineer, said: “Our drinking water aquifer is the only one of its kind and cannot be replaced.” Red Hill can — and should — be replaced by a new facility in a location that poses no threat to the aquifer, nature’s gift.

Priority Bills Update

The Sierra Club of Hawai‘i is monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting soil, freshwater resources, and lands. Since session started, we have testified on 32 bills. We just passed the triple referral bill deadline, here’s a breakdown of what on our priority list is still moving:

Sea Level Rise:

1. Requires mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas (Support): HB1878, SB2534, SB2670, SB2671

2. Amends Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning (Support): HB549, SB393, SB1113. HB1848, SB2060.

Water:

1. Extending the issuance of revocable permits to divert stream water and allowing for direct negotiation of water leases (Oppose): HB2677

2. Protecting O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks (Support): SB2774

Energy and Transportation:

1. Ensure that Hawai‘i’s last coal-fired power plant closes in 2022 to make Hawai‘i “Coal Free by 2023” (Support): SB700, HB2657, SB2366.

2. Establishing 100% clean transportation goals by 2045 (Support): HB2699.

Healthy Soils (O‘ahu Group priority):

1. Cover crop reimbursement pilot program (Support): HB2167, SB2704.

2. DOFAW tree stock bills (Support): HB2160, SB2531.

Land Use:

1. Weakens the authority of Land Use Commission in rezoning agricultural lands for “affordable” housing development (Oppose): SB3104, HB2542.

Unfortunately, some of our priorities have been deferred for this session:

• HB2154- Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems (Hawaii Island Group priority).

• HB2194- Updating Hawai‘i’s Coastal Zone Management Act to protect beaches.

Support SB2774 to shut down Red Hill and relocate the fuel

SUPPORT SB2774, which shuts down the Red Hill facility and relocates the fuel away from Oʻahu’s drinking water.

This Red Hill bill is scheduled for its first hearing on Monday, February 10 at 2:15pm in the Senate Committee on Agriculture and Environment, room 224 and we urge you to submit testimony in support of a clean water future.

The Navy’s massive, 75+ year old tanks currently store 225 million gallons of fuel, 100 feet directly above Oʻahu’s primary drinking water resource. The tanks, built for WWII, should have never been built here and are the largest risk to Oʻahu’s water security future. The tanks have been leaking since construction and most recently leaked 27,000 gallons of fuel into the surrounding environment in 2014. Since this leak, the Navy, EPA, and DOH have been “working” on a 20-year plan to fix the tanks to “better guard” Oʻahu’s water. After six years into the agency agreement, the Navy wants even more time to figure out their solid protection plan. Oʻahu should not have to wait much longer to know that their water is safe in the long run.

There is no tank upgrade that can guarantee that the Red Hill tanks will never leak again. The only sure-fire option for water protection is relocation away from water resources. A recent Navy study revealed that the tanks, as they are now, have a 27.6% chance of leaking 30,000 gallons of fuel every year. Knowing this risk, it is unacceptable that the agencies are allowing the tanks to remain in operation.

SB2774 prohibits underground storage tanks larger than 100,000 gallons to be operated above the underground injection control line —a boundary set by the Health Department that determines where our groundwater aquifer ends and drinking water aquifer begins. This would mean that the Red Hill tanks would be relocated away from O‘ahu’s drinking water and ideally be rebuilt above ground.

Take action today:

• Submit your testimony in support of SB2774 by Sunday, February 9, 2:15pm. Click here to submit your testimony, sample testimony provided below.

• Turn out on Monday, February 10 at 2:15pm to the AEN hearing, room 224 and testify in support.

• Invite your networks to submit testimony and join you on Monday!

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Sample testimony:

Aloha Chair Gabbard, Vice chair Ruderman, and members of the committee, 

I am writing today in strong support of SB2774, prohibiting the operation of underground storage systems with a capacity of 100,000 gallons or more, mauka of the underground injection control line, after 1/1/2028.

As a water drinker, I am incredibly concerned that the underground storage tanks at the U.S. Navy’s Red Hill storage facility remain in operation directly above a major water source. The Red Hill tanks are over 75 years old and have a long history of leaking fuel into the surrounding environment. This facility alone has leaked over 200,000 gallons since construction, most recently releasing 27,000 gallons of fuel in 2014—none of which was ever located or cleaned up. More upsetting is that the Navy’s own recent study shows that the tanks at Red Hill have a 27.6% chance of leaking 30,000 gallons of fuel every year and that they expect chronic fuel leaks of 5,800 gallons every year. I cannot stand idly by while there is such a massive threat to Oʻahu’s drinking water security and I invite you to join me by passing this much needed bill.

There is no tank upgrade option that provides as much security as the relocation of the Navy’s fuel away from drinking water resources. 

Thank you for the opportunity to testify on this important matter.

Sincerely,
[your name]

Coal-Free Hawai‘i bill has another hearing Thursday!

This is the first time the “Coal-free by 2023” bill has been scheduled for a hearing in CPC. Call Chair Takumi and thank him for hearing this bill and then submit testimony in support for HB2657.

One of our top priorities - banning the use of coal in Hawai‘i starting 2023 - has its second hearing on Thursday, February 6th at 2 PM in the House Consumer Protection and Commerce Committee (agenda here). As you may know, the last coal plant in Hawai‘i, located in Kapolei on O‘ahu, has a contract with the Hawaiian Electric Company that terminates in 2022. We want to pass House Bill 2657 to ensure that this contract is not renewed, and that coal, the dirtiest source of fossil fuels, is eliminated in Hawai‘i once and for all.

Please submit testimony today in SUPPORT of HB2657- Relating to a Coal Free Hawai‘i at capitol.hawaii.gov. Then, call Rep. Takumi at 808-586-6170 and thank him for scheduling and supporting the Coal-Free Hawai‘i bill.

You can quickly submit “support” or add in talking points using the fact sheet below. Testimony in support matters for this bill, so please submit your support for HB2657 today.

SUPPORT HB2154 to end the aquarium fish trade

Protect Hawai‘i’s reef life from the commercial aquarium fish trade!

HB2154- ending the commercial harvest of marine life for the aquarium pet trade has been scheduled for a hearing this Thursday, Feb. 6th at 9:15 AM (agenda here). This bill is the highest priority issue for our Hawai‘i Island members. Your testimony in support of HB2154 – describing why you want to protect Hawaii’s marine life – can be submitted at capitol.hawaii.gov.

Last year, hundreds of thousands of marine animals were taken from Hawai‘i's reefs for the aquarium pet trade despite the 2017 Hawai‘i Supreme Court Ruling that led to the invalidation and prohibition of aquarium permits and without the court ordered environmental review.

How? Because DLNR is allowing the aquarium trade to harvest our marine life without proper review, as long as the trade claims they aren't using prohibited gear. There are no limits on the numbers of marine animals that can be taken, and the trade proposed no limits in their recently filed and extremely flawed Draft Environmental Impact Study.

Hawai‘i residents and communities have long called for a complete end to the trade for decades because of environmental concerns and the trade's numerous conflicts with local and cultural values. In the last 45 years, every statewide law regulating this wildlife trade has ignored these longstanding issues and allowed the continued take of unlimited numbers of these animals.

Simply put: Hawai‘i's reefs NEED these creatures, now more than ever before. Reducing the impacts of ocean heat waves and coral bleaching and loss requires greater resilience, and increasing abundance of important species. YOU can help make this happen.

Please take 5 minutes to testify now IN SUPPORT of HB2154, banning commercial aquarium collecting in Hawai'i.

Mahalo to For the Fishes for providing this action alert and the talking points below:

LUC is not the obstacle to affordable housing—OPPOSE SB3104

Act now to oppose SB3104. This bill exploits the call for affordable housing as a justification to strip the laws that protect agricultural lands from poorly planned housing developments. Please submit your testimony today! 

Show up on Thursday 2/6/2020 at 1:45PM in 225. Tell lawmakers why you support affordable housing AND protections for agricultural lands. Your presence makes all the difference. 

SB3104 is a catch-all affordable housing and land use bill in the 2020 Affordability Package presented by legislators and the Governor before the start of the legislative session. The Sierra Club supports truly affordable, well-planned housing throughout the Hawaiian Islands. Lawmakers claim this bill would ensure affordable housing is built, but we read it and we aren’t seeing it.  

The Land Use Commission is not the obstacle to affordable housing 

There are already laws in place (like Haw. Rev. Stat. § 201H) that expedite the permitting process for affordable housing projects. The LUC has 45 days to process applications for affordable housing under this statute, and they have ALWAYS met that deadline. Where is the long line of affordable housing projects waiting for the LUC’s approval? There is none. 

Developers using counties to side step protections

Developers are using “home rule” as a way to get some county mayors to push SB3104, so that more farm land can be cleared for construction without LUC oversight or historic preservation protections. The counties want to develop as much land as possible because they can collect a lot more property taxes from homeowners than they do from farmers. In reality, this bill would reduce public participation in land use decisions, increase laxness and loopholes for special interests, and reduce critical state oversight and protections of our resources.

Urban sprawl and loss of farmland

If passed, SB3104 would allow counties to authorize 25 acres of farmland to be converted to housing. Nothing in this bill ensures county-approved projects are planned well -- for example ensuring public schools and public transportation are sufficient, or that parks, grocery stores, and other essentials to a healthy community are adequate. Those 25 acres could be in the middle of a large agricultural district, far from basic necessities, and could overrun undocumented historic and cultural assets. 

SB3104 does not ensure actual affordable housing

SB3104 would only require HALF of the units developed to be sold at or below 140% AMI and there is no guarantee that units will be kept at this level over the long-term. It is well-established that 140% AMI is not affordable.

The Sierra Club stands with affordable housing advocates throughout the state calling for truly affordable housing that is kept affordable for the foreseeable future and is well-planned near the urban centers of our islands. Sadly, SB3104 is far from that.  

Please submit your opposition to SB3104 at capitol.hawaii.gov

Initial High Priority Bills

The Sierra Club of Hawai‘i will be monitoring hundreds of environmental bills in the 2020 session, but we are focusing on a few key issues relating to climate change mitigation and adaptation, replacing dirty energy with clean renewable sources, and protecting freshwater resources. We are also supporting a handful of bills at the state level that have been identified as top issues by our four county groups. Here is a list of our high priority issues and correlating bills:

Sea Level Rise: Sea levels in Hawaii could rise more than 3.2 feet throughout the century. As sea level rises, coastal buffers, habitats, and resources will be greatly impacted and infrastructure and residence may no longer exist along the coast. The state estimates this would result in $19 billion in loss of private land and structures. The state needs to start planning now for the projected impacts of sea level rise to minimize costs and impacts on coastal communities and ecosystems. For this reason, the Sierra Club of Hawaiʻi will be prioritizing bills that:

1. Require mandatory seller/purchaser disclosures in real estate transactions within sea level rise exposure areas: 

   • 2019 bills: HB565, SB1126, SB1339, SB1340

   • 2020 bills: HB1878, HB2383, HB2384, SB2534, SB2670, SB2671

2. Amend Chapter 205A - Hawai‘i’s Coastal Zone Management Act to protect beaches and give guidance for county planning: 

   • 2019 bills: HB549, SB393, SB1113

   • 2020 bills: HB1848, HB2194, SB2060

Water: From our streams to aquifer systems, we must ensure the protection of our freshwater resources. Hawaiʻi’s streams, in their original state, hold enough water to support the ecosystems—mauka to makai—that rely on them, such as subsistence farmers, cultural practices, renewable energy, and large scale agriculture. Likewise, with climate change and decreased rainfall, we must ensure our precious drinking water is protected. For these reasons, the Sierra Club of Hawaiʻi will be prioritizing bills that:

1. Uphold state laws, ensuring water is first used for the public good before used for private profit. Prevent efforts to allow the continued use of temporary permits for stream diversions:

   • 2019 bills: SB915

   • 2020 bills: HB2677, HB2357, SB2913

2. Protect O‘ahu’s drinking water from the Navy’s Red Hill fuel tanks: 

   • 2020 bills: SB2774

Clean Energy: Hawai‘i is already leading the nation with our goal of producing 100% of our electricity from clean energy by 2045, but we must do more to ensure the transition to clean energy is accelerated and equitable for all. We will be supporting initiatives to reduce greenhouse gas emissions produced from the burning of fossil fuels and urging a transition from dirty to clean fuels. For these reasons, the Sierra Club of Hawaiʻi will be prioritizing bills that: 

1. Ensure that Hawai‘i’s last coal-fired power plant closes in 2022: 

   • 2019: HB563, SB700

   • 2020: HB2657, SB2366

Group Priorities: A Honolulu-based State Capitol provides challenges to our neighbor island group members and volunteers, who need to travel to O‘ahu to directly interact with legislators and advocate on issues most critical to their island. This session we will be prioritizing issues that were identified as important to the Sierra Club’s four county groups. As a result, the Sierra Club of Hawaiʻi will be working on the following issues:

1. Kaua‘i Group: Require greater setbacks for shoreline development to protect beaches and coastal resources:

   •  Potentially Chapter 205A Coastal Zone Management bills, listed above

   •  Potentially SB2381- Relating to shoreline setbacks

2. O‘ahu Group: Create and fund programs to support farming practices that will develop healthy soils on Hawai‘i’s agricultural lands, both good for agriculture and carbon sequestration efforts: 

   • Cover crop reimbursement pilot program: HB2167, SB2704

   • DOFAW tree stock bills: HB2160, SB2531

3. Maui Group: No specific policies were identified, but the Chapter is already prioritizing climate change bills, which were the group’s top concern.

4. Hawai‘i Island Group: Prohibit the harvesting of aquatic life for commercial aquarium purposes to protect reef ecosystems:

   • Commercial aquarium fish trade ban: HB2154

5. Waste bills: Kaua‘i and Hawai‘i Island groups support policies to promote source reduction and zero waste principles to prevent waste rather than manage it after the fact. Since there are so many waste reduction bills - from plastics, to recycling, to food waste and composting - we will be leaning on partner organizations and lead volunteers to assist in this area.

We are a volunteer-driven organization that relies on our members and supporters to help inform our policy positions and increase our impact at the state legislature. As such, this bill list is dynamic and will be changing as bills progress throughout legislative session.

We invite you to engage with us. If you would like to have your voice heard on these and other important environmental justice issues, please sign this petition to join our new CapitolWatch email list so you will receive updates and action alerts sent directly to your inbox.

Happy session!

Preview of 2020 bill priorities